Case Results & FAQs

Should I provide a statement to an insurance company without a lawyer’s help?

It is in your best interests to only provide your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.

Can the insurance company refuse to pay my medical bills if my car was not damaged?

No. While the insurance company might try to draw a direct correlation between damage done to your car and the severity of your personal injury, it is possible that the body sustains damage even if the car did not. The reverse may also be true—a car might experience major impact but the people might only suffer minor cuts and bruises.

Will I have to go to trial to recover damages?

About 95 percent of personal injury cases filed; settle prior to trial.

What is considered “pain and suffering?”

Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.

What determines the amount I might recover?

Every case addresses three issues:

• Liability—establishing someone’s negligence
• Damages—the amount that will fairly and adequately compensate you for your injuries
• Source of collection—insurance or other assets from which damages can be recovered

Is there a minimum or maximum amount that can be recovered in a personal injury settlement?

No, except in medical malpractice cases. In malpractice cases, a recovery for non-economic damages (pain and suffering, mental anguish, disfigurement, etc.) is capped at $250,000 up to $750,000, depending upon the number of liable defendants. Additionally, a medical malpractice recovery is subject to a total cap of approximately $1.7 million.

What is a typical settlement amount?

An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:

• Incurred medical bill amount
• Future medical bills
• Loss of past income
• Your age
• Any permanent limitations caused by the injury
• Impact on future earning capacity
• Activities you can no longer do
• Activities you can do but do not enjoy as much
• Prognosis for further problems
• Strength of lay witness testimony

The goal is fair and adequate compensation for your injury and an experienced attorney will know what a reasonable jury would award. The strength of lay and expert witness testimony will likely influence the amount.

What is wrongful death?

The idea behind a wrongful death lawsuit is the wrongful death, in addition to injuring the person who died, also brought harm to the people who depended on that individual for financial and/or emotional support. The wrongful act might be:

• A negligent or careless act (e.g., careless driving)
• A reckless act
• An intentional act such as deliberate murder

Texas has a statute permitting a lawsuit to be brought by the decedent’s relatives in the event of a wrongful act.

What is the statute of limitations for filing a wrongful death claim?

Texas law sets the time frame for filing at two years. Time begins with the time of the incident/the party became aware of or discovered the injury except in medical malpractice cases, in which the time begins to run on the date of the wrongful act, even if the victim is unaware of the conduct. The courts will not honor a wrongful death claim filed after the legislated time frame and the opportunity to recover damages for the family will be forever lost.

What is the difference between wrongful death and medical malpractice?

Wrongful death is a type of damage and malpractice is a type of negligence. Not every wrongful death case involves medical malpractice and not every medical malpractice case involves wrongful death.

Who can sue for wrongful death?

Texas defines the person(s) allowed to bring a wrongful death suit. In Texas, a spouse and children may file. Texas grandparents or other relatives may also be allowed to sue.

If you have been slandered, bear in mind that it is more difficult to prove damage through a verbal statement vs. written. Keep a log of the statements, including when, where, what, and who. Also, note any witnesses and their contact information.

The statute of limitations applies to filing a lawsuit, so immediate action is necessary. An experienced defamation law attorney can help you fully understand the best course of action and likely outcome. Once in court, you may receive punitive damages, that is, money intended to punish the person defaming you.

What is a toxic tort?

A toxic tort is an injury or wrong committed to a person or property of another person caused by contact with a toxic substance—toxic mold, lead paint, a faulty medical device, dangerous medication, etc. The Occupational Health and Safety Act (OSHA) and other federal laws protect you and the environment from the effects of toxic substances.

What if I know that a defective product harmed other people besides me?

When the same defective product injures a large number of people, they may join together in a class action lawsuit to hold manufacturers and sellers liable for the injuries caused by their product.

 Case Results

 Coming soon